The Marine and Coastal Access Act 2009 (Commencement No.5, Consequential and Transitional Provisions) Order 2011

The Infrastructure Planning (Decisions) Regulations 2010

This section has no associated Explanatory Memorandum

12.—(1) The Infrastructure Planning (Decisions) Regulations 2010(1) are amended as follows.

(2) After regulation 3, insert—

Deemed consents under the Marine and Coastal Access Act 2009

3A.  This regulation applies in relation to an application where the decision-maker is considering whether to include in an order granting development consent a provision deeming a marine licence to have been issued under Part 4 of the Marine and Coastal Access Act 2009(2), by virtue of section 149A of the Act(3).

(2) When deciding an application to which this regulation applies, the decision-maker must have regard to—

(a)the need to protect the environment,

(b)the need to protect human health, and

(c)the need to prevent interference with legitimate uses of the sea..

(3) Omit regulations 4 (deemed consents under section 34 of the Coast Protection Act 1949(4)) and 5 (deemed licences under the Food and Environment Protection Act 1985(5)).

(3)

Section 149A of the Planning Act 1998 (c. 29) was inserted by paragraph 4(1) and (2) of Schedule 8 to the Marine and Coastal Access Act 2009.